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HomeMy WebLinkAbout04-27-15 Board of Public Works Meeting AgendaDATE: April 27, 2015 BPW Meeting TIME: 4:45 pm LOCATION: 3rd Floor, k 2 Board of Public Works City Hall, Council Chambers 108 E. Green St., Ithaca AGENDA ITEMS Time Topic Voting? Presenter(s) Allowed 1. Call to Order /Agenda Review No Mayor Myrick 5 min. 2. Mayor's Communications No Mayor Myrick 3. Communications and Hearings from Persons No Public 5 min. Before the Board 4. Response to the Public No Commissioners 5. Reports No Various 5 min. A. Special Committees of the Board B. Council Liaison C. Board Liaisons D. Superintendent and Staff 6. New Project Presentation No A. Six Mile Creek Retaining Wall Design Options No Dan Walker, LaBella 15 min. Assoc. The design contractor will make a short presentation to the Board regarding options for the replacement of the retaining wall that fell in Six Mile Creek near South Cayuga Street. He will be requesting feedback from the Board regarding aesthetics and costs for the project. 7. Administration & Communications 8. Buildings, Properties, Refuse & Transit A. Request for License to Use Certain Property Yes Supt. Thorne 10 min. Located at 311 Floral Avenue for the Purposes of Establishing and Maintaining a Community Garden — Proposed Resolution A proposed resolution is provided that reflects the Board's previous discussions regarding this community garden. The Board will need to choose between two Whereas clauses noted in the resolution prior to the vote. 9. Highways, Streets & Sidewalks A. Resolution to Amend Vehicle and Traffic Schedule Yes Transp. Eng. Logue 5 min. XII: Parking Prohibited at All Time and Schedule XX: Continuous Parking (aka "24 Hour Parking ") There are no changes to the proposed resolution from April 13, 2015. B. Resolution to Accept Proposed Modifications to Yes SID Program Mgr. 5 min. the 2015 Sidewalk Improvement District Work Hathaway Plan The proposed resolution reflects the Board's discussion from April 13, 2015. C. Award of Bid for 2015 Sidewalk Improvement Yes SID Program Mgr. 5 min. District Work, SID Project #2 - Resolution Hathaway Bids have been received as of April 22, 2015. Staff will review the bids and make a recommendation to the Board for award of contract at the meeting. 10. Parking & Traffic 11. Creeks, Bridges & Parks Time Topic Voting? Presenter(s) Allowed 12. Water & Sewer A. Reimbursement Request for Thawing Frozen Yes Supt. Thorne 5 min. Pipes — Resolution B. Request to Pay Average Water Bill Amounts — Yes Supt. Thorne 5 min. Resolution Both resolutions reflect the discussions the Board held on April 13, 2015. C. Award of Bids for "Water & Sewer Division Pipe Yes Supt. Thorne 5 min. and Materials Bids" Bids were received on April 22, 2015. Staff will make final recommendations prior to the meeting. 13. Discussion Items A. Request for Encroachment Agreement/License for No Supt. Thorne 5 min. Sign at Ithaca Cayuga Optical, 134 -136 East State Street, the Commons — Proposed Resolution Dr. Alexander Wood is requesting to put up a sign above the door to his business, Ithaca Cayuga Optical, located on the Commons. The proposed sign will extend out from the building more than the allowable 24". so he must obtain permission from the Board of Public Works. He has already received approval from the Board of Zoning Appeals and Commons Advisory Board, both of which are enclosed for your information. B. Request for Permanent Easement for 327 Eddy No Supt. Thorne 5 min. Street Proposed Encroachment — Proposed Resolution Steve Fontana is requesting an encroachment to allow for bay -type windows on the upper floors of a new building proposed for this location. A draft resolution and other information is enclosed. 14. New Business No 15. Adjournment Yes Page 2 rva 400 395 390 385 380 375 EDGE OF N TITUS AVE 370 0 10' 20' 30' 40' 50' 60' 70' 80' 90' 100' 110' 114.2' BORING 1 TO N TITUS AVE - CROSS SECTION SCALE: 11= 5'(1H:1V) 405 BORING B -2 400 - _ EDGE OF N TITUS AVE 395 - 390 385 380 375 3700 10' 20' 30' 40' 50' 60' 70' 80 90' 1 nn- 11 n- 11A; d' BORING 2 TO N TITUS AVE - CROSS SECTION SCALE 1'=5'(1HAV) J J F LABELLA L II I• a rltl,[bn •I w• »YerY mr w Pw.•n. nm....wl„P J Etluell•n law Mlkl• 1,6 a «.)1oP =a= u. air :awl •I . nunua .roM1lrw,. omr•..�.ea.mm�..r..r w u.nr w.r. n•n u.w .r L.a .�w..r« n ��aa.a ey �iai:.w �'•11•nllon. •na • •P•ane Englneeling COPYRIGHT62015 LABELLAASSOCIATES,OP.C. Archbetum Environmental Planning 300 STATE STREET ROCHESTER, NY 14614 P:(585) 454 -5110 F: (595) 454 -3066 www.labollapc.com J J F L II I• a rltl,[bn •I w• »YerY mr w Pw.•n. nm....wl„P J Etluell•n law Mlkl• 1,6 a «.)1oP =a= u. air :awl •I . nunua .roM1lrw,. omr•..�.ea.mm�..r..r w u.nr w.r. n•n u.w .r L.a .�w..r« n ��aa.a ey �iai:.w �'•11•nllon. •na • •P•ane L•a w,ro.r.r. I..u.r •n wnnP w...a.e •..roxu.•I. I..u.r.a: m..I,.n,w .rmn.•I. ..x.n.m• a u. c•w er lxar •iPn•wr..ne en. vi.�lr. ae,ariPllon oI lM1• YI•nll•n. COPYRIGHT62015 LABELLAASSOCIATES,OP.C. CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NY 14850 -5590 DESIGN OF SIX MILE CREEK WALL REPLACEMENT SOUTH TITUS AVE ITHACA, NEW YORK 14850 PROJECT NO: 2150037 REVISION APPRONED W. DW ISSUED FOR: BID SET DATE: FEBRUARY 2015 ORAWNO NAME: SIX MILE CREEK CROSS SECTIONS C2.0 SIX MILE CREEK 24" TILE SOUTH 1211 TILE SOUTH 6" TILE SOUTH INV: 396.14-\ INV: 404.41 INV: 397.58 12" TILE SOUTHEAST EXISTING WALL x X INV: 402,88-\ 84 _0 +90— 3 / —389 — J 0 +60 0 +50 8 - — — - — — — 6 6 +sa— 0 +20 0 +16 1, — �6SG +oo - _�95- — _— —_ pa- �oi — — 399 BUILDING 1 / -- —� 2 4 1 p' l NO PARKING I i SOUTH TITUS AVE. — —� RIM: 404.31 - -� Qje / V� NYSEG 5 NO PARKING Z BELL 103 �OJ / SIX MILE CREEK RIVER WALL PLAN SCALE: 1"=10 (IRM +w 1 +50 1 +40 1 +30 1 +20 1 +10 1 +00 0 +00 D +eD 0 +70 0 +00 0 +50 0 +40 0 +30 0 +20 0 +10 SIX MILE CREEK RIVER WALL - VERTICAL PROFILE SCALE: 1' =10 (IRAV) 905 = 400 -395 -390 _385 �M 375 — 370 0 +00 6 el LABELLA Engineering ArohOectule EnNronmelltal Planning 300 STATE STREET ROCHESTER, NY 14614 P: (565) 454.6110 F: (585) 454 -3066 www.libellape.com L J F . , rtame,.e x,w rnrx Ya„en nml• up s•[a:pt br ,nY wNn ,dke untl•r Y„dnalbn el, Ik•n,w Yea, Pran,lentl mplw,r. a NM ,urvryw. to nlbr n elNm In we ,.tllm llem b•Mlq tY•w,l elw,nYlbd. e•e�erlwtlwm er tl: IM ,....Ve.. Ppr •I„Y,la. 1, Ib I. In.a wa „a n YI.IN•Il .. eE.N...'pd —jp , wtltl•le •1 w[ • •= i[ tl„crlptbn or Ib •II•nben. COPYRIGHT* 2015 LABELLA ASSOCIATES, D.P.C, CITY OF ITHACA lee EAST GREEN STREET ITHACA, NY 14M-RU DESIGN OF SIX MILE CREEK WALL REPLACEMENT SOUTH TITUS HE ITHACA, NEW YORK 14850 PROJECT NO: 2150037 REMSION APPROVED BY DW ISSUED FOR: BID SET DATE: FEBRUARY 2015 DRAWINGNAME: RIVER WALL PLAN AND PROFILE ORAWING N0: ` C2.1 8A. Request for License to Use Certain Property Located at 311 Floral Avenue for the Purposes of Establishing and Maintaining a Community Garden — Proposed Resolution WHEREAS, in 2014, Chrys Gardener, as representative of Cornell Cooperative Extension - Tompkins County, hereinafter "the Applicant ", requested permission from the City to create, establish, and maintain a community garden in certain City -owned property at 311 Floral Ave; and WHEREAS, the proposed use of City land for the community garden consists of the following: A community garden comprised of an area approximately 35 feet wide by 215 feet long, thereby encompassing approximately 7,525 square feet. Such square footage shall also include a perimeter fence and a flower bed for pollination and beautification purposes. WHEREAS, Board of Public Works was supportive of establishing a community garden in this location, but recognized that the garden needed additional City approvals; and WHEREAS, on June 3, 2014, the Applicant requested a special permit from the City Board of Zoning Appeals, as required under Section 325- 9C(1)(L) of the City's zoning code, and such special permit was approved on June 11, 2014; and WHEREAS, the Applicant provided an update to the Board of Public Works on March 9, 2015 on the garden's progress, approvals, and remaining challenges; and WHEREAS, the Board is supportive of Applicant's use of a 50 by 75 foot area south of the garden, located at 337 -51 Floral Ave, tax map parcel 97. -2 -1, to be used for drop off or pick up purposes only; and WHEREAS, the Board is supportive of Applicant's use of the City -owned parking area located in the southern portion of 253 Floral Ave, tax map parcel 77. -3 -1 to fulfill City zoning requirements; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the 2015 -16 schedule of fees for use of City -owned property requires an initial application fee of $100 for new licenses, and stipulates that annual use fee for Marine Commercial license fee category shall be calculated at $0.48 per square foot resulting in an annual use fee of $3,612, with such rate thereafter subject to adjustment by the consumer price index and property taxes assessed against the City, now therefore be it OR WHEREAS, in 2010, the Board of Public Works established a schedule for use fees, and authorized that fees for unique uses of City land may be established on a case -by -case basis, which for this use and in consideration of the Applicant's improvements to create the garden and the benefit to the public in establishing a community garden in this location, the Board has set the annual use fee at $1, now therefore be it; and Page 3 RESOLVED, that the Board of Public Works hereby grants the request for a license agreement to establish and maintain a community garden at 311 Floral Ave, as proposed, contingent upon: 1) compliance with all City requirements pertaining to parking and /or use of the 50 by 75 foot area south of the garden for drop off or pick up; 2) execution of a license /agreement and submission of the required application form and the applicable fee (and renewal fees for any subsequent terms); and 3) proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license /agreement allowing said encroachment, revocable upon 90 days' written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City's Municipal Code. Page 4 AGREEMENT/REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this _ day of 2015, by and between: ► Cornell Cooperative Extension — Tompkins County, 615 Willow Avenue, Ithaca, NY 14850, (hereinafter referred to as "LICENSEE "), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY "), WITNESSETH THAT: WHEREAS, the CITY possesses certain land hereinafter described which is not anticipated to be necessary for dedicated municipal purposes on the dates and during the times specified herein, and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above - referenced parcel of LICENSEE, which CITY - owned land consists of approximately 180 square feet, and which use can be described as follows: A community garden encompassing 7,525 square feet located at the southern most end of 311 Floral Avenue, Tax Map Parcel 96.4-1, within a fenced -in area approximately 35 feet wide by 215 feet long. Such square footage shall also include the perimeter fence and a flower bed for pollination and beautification purposes. LICENSEE shall also be permitted to use on a limited basis the following: a 50 by 75 foot area south of the garden at 337 -51 Floral Avenue, Tax Map Parcel 97. -2 -1, for the purpose of delivery and pick up only; City -owned parking area located at the southern end of 253 Floral Avenue, Tax Map Parcel 77. -3 -1 for garden parking only; WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property; and WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above - described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City -owned land described above, subject to the terms and conditions set forth herein, and contingent on LICENSEE's compliance with the CITY zoning code, including any special permits or variances issued to LICENSEE for the purpose of establishing a community garden as described above. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. Page 5 2. The use by LICENSEE of the above - described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License /Agreement. 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing May 1, 2015 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2016. This License shall renew automatically thereafter, for one -year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1S), and provided that the CITY has not notified LICENSEE, by March l st, of the CITY's intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non - emergency revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. This fee is due by May 1, 2015. Annual Use Fee: The Use Fee for the initial year of this license (May 1, 2015, until March 31, 2016) is $ . A check in this amount, payable to the City of Ithaca, must be submitted to the City Chamberlain's office by May 1, 2015. This Use Fee represents the estimated fair rental value of the City land in question for the initial year, and is based upon a report by Pomeroy Appraisal Associates Page 6 (copy available in the City Clerk's office). The City land in question was deemed to be in the "Marine Commercial" category, and to consist of approximately 7,525 square feet. The fair rental value of such land was deemed to be $0.48 per square foot; to recover the cost of the appraisal process (over a 5 -year period), the CITY has added 10% to the fair rental value of all licenses and permits for use of City land. In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1St prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of use (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICENSEE and/or may assess the cost thereof (plus 25 %) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance of the afore - mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE's obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. Page 7 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non - renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re- application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee's name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Cornell Cooperative Extension — Tompkins County, Licensee (signature) (print name and title) CITY OF ITHACA IM Svante L. Myrick, Mayor Page 8 STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that he resides at Ithaca, New York, and that he is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that he signed his name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Notary Public Page 9 Date 9A. Resolution To Amend Vehicle and Traffic Schedule XII: Parking Prohibited at All Times and Schedule XX: Continuous Parking (aka "24 Hour Parkina") WHEREAS, the Board of Public Works is authorized by Section 346 -4 of the City Code to adopt and to amend a system of Schedules in order to administer the Vehicle and Traffic Law, and WHEREAS, the Office of the City Engineer proposes the installation of bicycle lanes in the 500 -1200 blocks of N. Cayuga St. as detailed in a memo to the BPW dated April 9, 2015, the plan for which necessitates the consolidation of on- street parking to the east side of the street in the 500 -1000 blocks and the elimination of all on- street parking in the 1100 -1200 blocks, and WHEREAS, the Board of Public Works concurs, now therefore be it RESOLVED, That the following amendments to the Vehicle and Traffic Schedules shall be made: Schedule X1 1: Parking Prohibited at All Times Name of Street Side Location (From/To) Cayuga Street West Farm St. to Lincoln St. Cayuga Street Both Lincoln St. to City Line Schedule XX: Continuous Parking Name or Street Side Location Cayuga Street East From Marshall St. to Lincoln St. Page 10 9B. Resolution to Accept Proposed Modifications to the 2015 Sidewalk Improvement District Work Plan WHEREAS, Section C -73 of the City Charter creates five Sidewalk Improvement Districts (each a "SID ") for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from such construction and repair; and WHEREAS, the Board has received and reviewed the attached modifications to the schedule of construction work for Fiscal Year 2015; and WHEREAS, the modifications were made to enhance accessibility, minimize construction conflicts, incorporate public feedback, prepare design work and other factors; now, therefore, be it RESOLVED, That the Board approves the revised 2015 schedule of construction work attached hereto. Page 11 9C. Award of Bid for 2015 Sidewalk Improvement District Work SID Project #2 Resolution WHEREAS, bids were received on April 22, 2015, for the 2015 Sidewalk Improvement District Work, SID Project #2, and WHEREAS, staff has reviewed the bids received and made a recommendation for award, now therefore be it RESOLVED, That the City of Ithaca Board of Public Works hereby awards the contract for the 2015 Sidewalk Improvement District Work, SID Project #2 to specifications of $ for their low bid meeting and be it further RESOLVED, That the Superintendent of Public Works be and hereby is authorized to execute these contracts and to administer the same. Page 12 12A. Reimbursement Reauest for Thawina Frozen Pipes — Resolution WHEREAS, the winter of 2015 was unusually cold, with below freezing temperatures for extended periods of time, and WHEREAS, the City received over 75 reports of frozen water service connections serving city residences and businesses, and WHEREAS, those property owners affected by frozen water services were given an option to either wait for city crews to thaw their services /mains for free on a first come first served basis, or to hire a private contractor at their own expense to thaw their water service if they could not wait, and WHEREAS, St. Paul's United Methodist Church chose to hire a private plumbing service to assist in thawing their water services, costing $3,700 for three days' work, and WHEREAS, the Board of Public Works discussed their request for reimbursement on April 13, 2015, now therefore be it RESOLVED, That the Board of Public Works hereby denies request for reimbursement from St. Paul's United Methodist Church for the cost of hiring a private plumber to thaw their water service, and be it further RESOLVED, That the Board of Public Works shall, in general, deny similar requests for reimbursement of pipe thawing costs for frozen water services during the 2015 winter. 12B. Request to Pay Average Water Bill Amounts — Resolution WHEREAS, the winter of 2015 was unusually cold, with below freezing temperatures for extended periods of time, and WHEREAS, the City received over 75 reports of frozen water service connections serving city residences and businesses, and WHEREAS, those property owners affected by frozen water services were given an option to either wait for city crews to thaw their services /mains for free on a first come first served basis, or to hire a private contractor at their own expense to thaw their water service if they could not wait, and WHEREAS, those affected property owners whose pipes were thawed by city crews were advised to run their faucets continuously for several weeks to ensure the water pipes did not refreeze, and will likely receive unusually large water bills, and WHEREAS, the Board of Public Works discussed on April 13, 2015, the request to charge these affected residents and businesses their average winter quarterly water bill for the winter 2015 quarter, now therefore be it RESOLVED, That the Board of Public Works hereby allows the City Chamberlain's office to adjust winter 2015 quarterly water bills for affected properties within the City of Ithaca to reflect their average winter quarterly usage, if requested by the water customer. Page 13 12C. Award of Bids for "Water & Sewer Division Pipe and Materials Bids" — Resolution WHEREAS, bids were received on April 22, 2015, for pipe and materials to be used during the 2015 construction and maintenance season, and WHEREAS, the bid package consisted of seven separate bid items, each to be awarded separately, and WHEREAS, staff has reviewed the bids received and made recommendations for award, now therefore be it RESOLVED, That the Board of Public Works hereby awards Bid 1 for water main pipe to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 2 for water main fittings to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 3 for hydrants to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 4 for valve boxes to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 5 for valves to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 6 for flexible couplings to of , for a total contract of $ , and be it further RESOLVED, That the Board of Public Works hereby awards Bid 7 for water service components to of , for a total contract of $ , and be it further RESOLVED, That the Superintendent of Public Works, or his designee, be and hereby is authorized to execute these contracts and to administer the same. Page 14 13A. Reguest for Encroachment Aoreement/License for Sion at Ithaca Cayuga Optical, 134 -136 East State Street, the Commons — Proposed Resolution WHEREAS, Dr. Alexander Wood, the tenant of the property at 134 -36 East State, owned by Renvyle Assoc, LLC, (Tax Map Parcel No. 70. -2 -24) in the City of Ithaca has requested an encroachment agreement/license from the City into the adjacent East State Street (Commons pedestrian space) right -of -way; and WHEREAS, the encroachment consists of the following: A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store's entrance by approximately 3 feet, thereby encompassing an encroachment into the right of way by approximately 4.5 square feet, which is shown on a drawing stamped and entitled Exhibit A; and WHEREAS, the Board of Zoning Appeals approved the variance from the 18" projection limit; and WHEREAS, the 2015 -16 schedule of fees for use of City -owned property requires an initial application fee of $100 for new licenses, but stipulates that the annual use fee shall be waived for minor encroachments, now therefore be it RESOLVED, That the Board of Public Works hereby grants the request for an encroachment at 134 -136 The Commons, as proposed, contingent upon the execution of a license /agreement and submission of the required application form and fee (and renewal fees for any subsequent terms) and proof of required insurance, and be it further RESOLVED, That the Mayor, upon consultation with the Superintendent and City Attorney, is hereby authorized to execute a license agreement allowing said encroachment, revocable upon 90 days' written notice by the City in the event that the encroached upon City property is required for any City purpose, and containing the usual terms and conditions, including those specified in Chapter 170 of the City's Municipal Code. Page 15 AGREEMENT/REVOCABLE LICENSE FOR USE OF CITY REAL PROPERTY THIS AGREEMENT, made this _ day of , 2015, by and between: ► Renvyle Associates, LLC, owner, 134 -136 East State Street, Ithaca, NY 14850, (hereinafter referred to as "LICENSEE "), and ► The CITY OF ITHACA, NEW YORK, a municipal corporation having offices at 108 E. Green Street, Ithaca, New York (hereafter referred to as "CITY "), WITNESSETH THAT: WHEREAS, LICENSEE is the owner of a parcel of land with improvements thereon in the City of Ithaca, County of Tompkins, State of New York, commonly known and designated as 134 -136 East State Street, Ithaca, New York, and as Tax Map Parcel No. 70. -2 -24; and WHEREAS, LICENSEE wishes to use, occupy and/or encroach upon certain land in the City of Ithaca owned by CITY, for the benefit of the above - referenced parcel of LICENSEE, which CITY -owned land is adjacent or proximate to said parcel of LICENSEE, and which use can be described as follows: A building sign, as proposed to the Board of Zoning Appeals on April 7, 2015, constructed of steel, approximately 3 feet in length and 18 inches in width, and projecting over the store's entrance by approximately 3 feet, thereby encompassing an encroachment into the right of way by approximately 4.5 square feet, which is shown on a draining stamped and entitled Exhibit A, and is hereby incorporated into this Agreement; and WHEREAS, Chapter 170 of the Municipal Code of the City of Ithaca establishes the process and the terms and conditions by which the CITY may license the use of and/or encroachment upon its real property to a person or persons; and WHEREAS, the CITY's Board of Public Works has authorized the Mayor to execute an agreement containing a revocable license that allows the above - described use or encroachment, subject to certain conditions; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, including receipt by CITY from LICENSEE of the fees described herein (either in full, or pursuant to an installment payment agreement), the parties hereto, for themselves, their heirs, executors, administrators, successors and assigns, do hereby covenant and agree as follows: 1. By the License herein contained, LICENSEE shall have the right to occupy and lawfully use the City - owned land described above, subject to the terms and conditions set forth herein. The CITY reserves the right to enter upon the licensed premises upon reasonable notice (or without notice in the event that the CITY, in its sole discretion, has determined that emergency entry is required) for the purpose of inspection or to assess or remedy a dangerous or potentially dangerous condition. 2. The use by LICENSEE of the above - described property of the CITY does not constitute and shall never ripen into or become a right to use any portion of such property without the consent of the CITY, but is and shall continue to be only a use by sufferance of said property of the CITY, as evidenced by a duly executed and current License/Agreement. Page 16 3. Subject to the provisions of Paragraph 4, below, the term of the License contained herein shall be for the period commencing April 1, 2015 (or on the date by which all application and use fees and any required forms described herein are received by CITY, whichever date is later) and expiring on March 31, 2016. This License shall renew automatically thereafter, for one -year terms, with the same terms and conditions (except that the amount of the Use Fee may be revised annually, per the provisions of Paragraph 6, below), provided that LICENSEE has submitted to CITY any required renewal forms, proof of insurance and the full and proper fee for the renewal period, before the commencement of such new term (i.e., before April 1S), and provided that the CITY has not notified LICENSEE, by March 1St, of the CITY's intention not to renew for the following license year. 4. Notwithstanding any other provisions herein, the License contained herein may be terminated by LICENSEE, for any reason, upon at least 30 days' written notice to the CITY. In the event of such early termination, LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term, provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. Such early termination shall not relieve LICENSEE of its duty to restore and deliver up the licensed premises as described below. 5. Notwithstanding any other provisions herein, the License contained herein may be revoked or modified by CITY (a) upon such notice as is practical, in the event of an emergency that threatens property or the public safety or welfare, or (b) upon at least one month's notice that the Superintendent has determined that LICENSEE has failed to comply with any substantive term herein, and that LICENSEE has not cured such breach within the notice period, or (c) upon at least three months' written notice to LICENSEE that the CITY's Superintendent of Public Works has determined that the licensed premises is required for a public purpose. LICENSEE may appeal a non - emergency revocation or modification to the CITY's Board of Public Works, but must do so in writing within 15 days of the receipt of the revocation notice. In the event of such early termination (or modification that affects the amount of land that is licensed), LICENSEE shall be entitled to a pro -rated refund of the use fee, for the unused portion of the term (or in proportion to the reduced area), provided that LICENSEE is in compliance with the provisions of Paragraph 8, below. 6. This Agreement/License shall not take effect until fully executed and until the application and use fees set forth below have been received by the City. Application Fee: An Application Fee in the amount of $100.00 (in the form of a check payable to the City of Ithaca) must accompany submission of the application for this license to the City Chamberlain's office. The purpose of this fee is to cover the amount of City staff time typically associated with the processing of such applications. This fee is due by March 1, 2015. Annual Use Fee: The Use Fee for the initial year of this license (April 1, 2015, until March 31, 2016) is $0.00. This Use Fee is waived because the described use is a minor encroachment. In the event that this License is renewed, the Use Fee for subsequent years may be adjusted by CITY (a) by an amount up to the rate of any increase in the consumer price index since the previous year, or (b) to correspond with information from an updated appraisal report (expected to occur every 5 years). If the CITY intends such adjustment, LICENSEE shall be so notified by February 1St prior to the expiration of the current term. Notwithstanding any other provisions herein, the CITY hereby reserves the right to correct the amount of the Use Fee at any time, if the square footage of land occupied by LICENSEE is found to be different from the amount stated above. In that event, the CITY shall send a Notice of Correction to LICENSEE, and any additional fee owed (or refund due) as a result of the correction shall be effective and pro -rated as of the date of such Notice. Likewise, in the event that the licensed premises are reclassified by Tompkins County as taxable, the full amount of assessed taxes shall be incorporated into a corrected Use Fee, as of the date such taxes become due. Page 17 7. LICENSEE hereby agrees to maintain the licensed premises in a safe, sound, clean and serviceable condition, in accordance with all applicable ordinances of the CITY and such that no hazard is posed to the public from the public's use of or proximity to said premises, and to repair or remove any unsafe or improper structure or thing thereupon, as directed by the CITY. In the event of LICENSEE's failure to effect such repair or removal, after notice from CITY to do so, CITY may carry out the same and charge LICENSEE and its benefited property for such cost (plus a 25% administrative charge). 8. LICENSEE hereby agrees that it is LICENSEE's duty, at the end of the term (in the absence of timely renewal thereof) or in the event of other termination of the License, to deliver up the licensed premises in as good order and condition as they were at the commencement of the License (reasonable use and wear excepted), unless the CITY agrees in writing to accept the premises in a different condition. Unless otherwise agreed to by the CITY, such delivery shall include restoration of grade and original ground cover, if applicable, and removal of any debris and any structures installed by LICENSEE. Any damage to the premises or any debris remaining thereupon at such time shall be presumed to have been caused by LICENSEE. In the event of the failure of LICENSEE to effect the required restoration, within ten (10) days of the date of written notice from the CITY, the CITY may thereafter cause the restoration to occur and may subtract the cost thereof from any pro -rated refund due to LICENSEE and/or may assess the cost thereof (plus 25 %) against LICENSEE and its benefited property. 9. LICENSEE hereby agrees to indemnify and save the City and its officers and employees harmless from any loss, injury or damage arising out of the occupancy or use of the encroached -upon City property, by LICENSEE or its servant or agent, or by any member of the public, or from any negligence or fault of said LICENSEE or its servants or agents in connection with the maintenance of the afore - mentioned encroachment, or the failure to maintain the same in good repair and safe condition, including attorneys fees and court costs. LICENSEE acknowledges that it will likewise hold the City harmless from any costs the City may incur, including legal fees, due to any claims which may arise out of LICENSEE's obstructing, encumbering or occupying any portion of the public area of any adjacent street, including the sidewalk. 10. LICENSEE hereby agrees to keep the licensed premises insured at all times, in the amount of at least $1,000,000.00 for personal injury liability, to list the City as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, by the time of the annual anniversary of said original execution if this License is to be renewed, and as may be otherwise required by the City. 11. In the event of the expiration and non - renewal, or termination, of this License, failure of the LICENSEE to vacate the formerly licensed premises at that time may result in substantial penalties, pursuant to the Municipal Code of the CITY. 12. This License is transferable to a subsequent owner or lessee of the benefited property, but only upon proper re- application by said subsequent owner or lessee and submission of written proof of required insurance in the new licensee's name. 13. All notices provided for herein shall be sent to CITY at the address set forth above (in care of the City Chamberlain), or to LICENSEE (or any subsequent owner or person, as described above) at the address set forth above, or at any other address provided in writing to CITY by LICENSEE. Page 18 IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto as of the day and year first above written. Renvyle Associates, LLC Un (signature) (print name and title) CITY OF ITHACA LIM Svante L. Myrick, Mayor STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or person on behalf of which the individual acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) ss: On this day of , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared SVANTE L. MYRICK, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual who, being by me duly sworn, did depose and say that she resides at Ithaca, New York, and that she is the Mayor of the City of Ithaca, the municipal corporation described in and which executed the above instrument; and that she signed her name thereto upon authorization of the Board of Public Works of such corporation. Approved as to form and content: City Attorney Notary Public Page 19 Date CITY OF ITHACA - APPLICATION FOR PERMIT TO ERECT A SIGN 108 E Green Street, Ithaca, New York 14850 Phone: (607) 274-6508 _.__.. .t .,u� Street Address (Location of signs): +�' ��' Zo ng District Name of Business `� t �'r i ° f Contact person: ,,T Telephoner} Length of building frontage in: feet (if freestanding business) or of business frontage (if multiple tenant building): ..If building has frontage on two streets, length of additional frontage: (No permit issued without this information) Property owner: +' K J' Address: i. �, M M UN!� Telephone: F. Sign installer: l('C'-/Ui4- 1; d ^''- Address: t 17 J 3 b� Telephone: L• � Applicant: Telephone: . a. 7 Liability; Workers Compensation, and Disability insurance carried by contractor owner. 1dgMept. use only: on file ❑ List each sign to be installed below. The fee for each sign is calculated separately (see fee schedule on reverse side). If are to be installed use SIGN #1: Type: ❑ 1awning/campy sign ❑ window sign ❑ wall sign ❑ roof sign ❑ freestanding sign ❑ other Vf�N`a� For freestanding sign indicate:, setback from front lot line: setback from side lot line: maximum height of sign above ground: For building sign: projection-from building (if applicable) . How attached to wall For all sins: IM ill ted? ❑ Yes VNo If yes, how: ['3 externally El internally Sign material: Length: 36 r ` Width: ! b ` ` Area in square feet: 4 Fee: $ SIGN #2: Type: ❑ awning/canopy sign ❑ window sign ❑ wall sign ❑ roof sign ❑ freestanding sign ❑ other For freestanding sign indicate: setback from front lot line: setback from side lot line: maximum height of sign above ground: For building_sign: projection from building (if applicable) How attached to wall For all signs: Is sign illuminated? ❑ Yes ❑ No If yes, how: ❑ externally ❑ internally Sign material: Area in square feet: Fee: SIGN #3: Type: ❑ awning/canopy sign ❑ window sign ❑ wall sign ❑ roof sign ❑ free ❑ other For freestanding sim indicate: setback from front lot line: _ setback from side 14 maximum'height of sign above ground: For building sign: projection from building (if applicable) How-attached to. For all Is sign illuminated? ❑ Yes ❑ No If yes, how. ❑ externally ❑ internally Sign material: . Length: - Width: Area in square feet: Rfv$ e DEC 12.41 i B!liL,i11�a 15 :,p- CITY OF frHAc'. M. -79'J7ZS TOTAL SIGN FEES DUE: $ List all existing freestanding signs and signs already on building (if freestanding business) or on business fagade: Sign c ii 111'" a z � Area in square feet Sign Area of-sign Fee 1- 50 square feet $50 51 -100 square feet $100 101=150 square feet $150 151 -200 square feet $200 201 -250 square feet $250 251 -300 square feet $300. 301 -350 square feet $350 351 -400 square feet $400 401 -450 square feet $450 451 -500 square feet $500 Each additional square foot allowed by variance $10 Is this sign to be removed? ❑ Yes �No Area in square feet Is this sign to be removed? [] Yes ''❑ No Area in square feet, Is this sign to be removed? ❑ Yes ❑ No Permit fees: For the purpose of establishing the fee the calculated area of the sign shall be rounded to the nearest square foot. The fee is calculated separately for each sign to be installed. An additional encroachment fee ($100) is charged for signs extending into City Right Of Way. An encroachment is permitted for three years; renewal fees are $50. Required documentation: All applications must be accompanied by a dimensioned rendering of each proposed sign..Indicate method of attachment to building. For freestanding signs supply detailed drawings of the supporting structure and foundation, and a dimensioned and to -scale site plan indicating location of the sign. Additional review: New signs for commercial properties may be subject to Site Development Plan Review through the City of Ithaca Planning Department. Electrical Installations: All electrical installations must be performed by licensed electrical contractors (separate electrical permit required). All electrical installations must be inspected by the City Electrical Inspector. Call 607 - 2746508 to schedule an appointment. All electrically illuminated signs must have testing laboratory " Expiration: If the sign authorized under this permit has not been fully erected within six months of the date of issuance of this•permit, the permit shall become null and void: Applicant's declaration: I am the owner or authorized agent of the owner of the premises in the City of Ithaca, New York described in this application for a sign permit. I certify that the information'contained or attached to this application is accurate. I hereby apply for a permit to install the sign or signs described in this application and oii attached plans and specifications and other documents. I will comply with all provisions of applicable ordinances, codes and regulations in the performance of this work whether specified herein.or not Any amendment to this application, plans, specifications or other documents upon which this permit is issued will be filed with the Ithaca Building Department before such changes are made in the actual work. I hereby request that all work be inspected and approved by the appropriate inspectors. I certify that every person performing work on the permitted project will comply with all applicable codes, ordinances and regulations. Applicant signature Date Encroachment fee: $ . Signage fees $ . Total fee: $ BZA Action (For Building Department use only) ' Receipt: #• PERM NUMBER Issue date: Case # This is to certify that I have examined the above detailed statement and plans related thereto and find same to be in accordance with the provisions of the ordinances relating to buildings and signage in the City of Ithaca and that same has been approved and entered in the records, this day of , 2010. J:/Fornudsignpennhev. 08109 For the Building Commissioner _ _ V ED LMC 121 2014 BU T UI-N-G--D-EPT CITY OF ITHACA 7f �2 s Te li . 1 7 13A 1.4 cl 134 -71 �r T") Oj , ocy CITY OF ITHACA - SIGN PERMIT APPLICATION 108 East Green Street, Ithaca, New York 14850 Telephone: 607 - 274 -6508 Fax: 607- 274 -6521 Building Permit Application must be submitted Mon. —Fri. SAM -10AM or by appointment. This side to be completed by applicant. PROJECT INFORMATION: Project Street Address: 134 -36 State Street E Tax Parcel: 70. -2 -24 Name of Business: ithaca cayuga optical service Zoning District: CBD -60 Contact Person: Tele: APPLICANT /OWNER INFORMATION: Applicant: Owner: Renvyle Assoc, LLC Address: Address: 136 East State Street Ithaca, NY 14850 Email: Email: Tele: Tele: CONTRACTOR INFORMATION: General Contractor: Ironvine Studios Insurance must be valid throughout the operation, required insurance to be provided by: Ironvine Studios SIGN INFORMATION: Length of building frontage (in feet): 9 If building fronts on two streets (add'1 frontage): na Sign Size: (In Feet) 11 Iype Length Width Material Illumination -Wall _ 1.5 . 3 Metal Not Illuminated Max Height Front Setback Side Setback Proiection Wall Signs Only:.2 ................- nding Signs: Existing signs (freestanding or on business facade) already on building: Attachment I bolts Type Length Width (in feet) Total Sq. Ft. To be Removed? Applicant's declaration: I am the owner or owners' agent of the premises listed in this application. I hereby apply for approval to perform the work described in this application, attached plans, specifications and other documents. I will comply with all provisions of the applicable ordinances, codes, and regulations in performing this work whether specified herein or not. Any amendments to the scope of work, plans, specifications or other documents will be submitted to the Building Division for approval prior to performing the actual work. Furthermore, I give permission to enter and inspect all work for compliance by the appropriate inspectors. By typing my name below, I certify I have read and understand the above paragraph. Applicant Signature: f a l exa n d e r Wood Date: 12/12/2014 RESPONSE TO TWO DESIGN REVIEW COMMITTEE ITEMS — prepared by John Schroeder, February 6, 2015 — PROPOSED NEW ITHACA CAYUGA OPTICAL SIGN For decades, one of the long -term planning goals for the Ithaca Commons has been to open up east -west views along the length of the Commons, both near its storefronts and along its center. This goal will finally be realized later this year with the completion of the rebuilt Commons. Allowing a sign to project 36 inches into the Commons pedestrian space, rather than the permitted 18 inches, would contradict the above long -term City planning goal. The applicant states that the proposed 36 -inch projection into the Commons is "for better visibility of our business." But if the City allows one retail store to hang a sign projecting 36 inches, it is then extremely likely that a host of other retailers will also want to hang signs with similar projections, because they, too, will want better visibility for their businesses. The result could be exactly the kind of clutter of projecting signs, obstructing long views up and down the Commons, which the 18 -inch regulation was intended to prevent. Furthermore, in this unfortunate scenario, each new projecting sign would obstruct the visibility of other projecting signs. All in all, this would be a losing game. The sign's design per se is fine, so long as it can be either (1) re -sized to conform to the 18- inch projection limit, or (2) redesigned for installation flat against the storefront. PROPOSED MODIFIED CENTER ITHACA MARQUEE AND SIGNAGE The revised signage above the marquee — with the exclamation point retained and the existing "Center Ithaca" letters reinstalled on a black steel mounting grid — is absolutely appropriate. The LED panels, depending entirely on how they are programmed, could be either (at one end of the spectrum) a stunningly attractive enhancement of the Commons, or (at the other end of the spectrum) an unfortunate eyesore. To the degree this LED programming (1) employs sophisticated design, artistic fonts, and subtle transitions, (2) promotes events of community -wide interest, such as festivals and celebrations, rather than private commercial interests, and (3) includes scenes of local beauty or appropriate artwork, the more it will be perceived as a beautiful enhancement of the Ithaca Commons. On the other hand, the more the LED programming (1) is unimaginative and unsophisticated, (2) uses roadside commercial signage effects such as words flashing repeatedly off and on (like the restaurant "OpFN" sign I am right new viewing across the street from my office window), or (3) is perceived as being narrowly commercial, the more it is likely to be regarded as an unwelcome presence. I think it crucial that the City receive a formal, written assurance from the applicant that the LED programming will exhibit the former, rather than the latter, set of characteristics. (As a footnote, this marquee projects more than 18 inches into the Commons pedestrian space; however, unlike the proposed Ithaca Cayuga Optical sign, the Center Ithaca marquee is an existing condition, rather than a proposed new installation.) CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850 -5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Phyllis Radke, Director of Zoning Administration Telephone: 607 - 274 -6550 Fax: 607 - 274 -6558 E -mail: cpyott@cityofithaca.org Board of Zoning Appeals (BZA) Meeting — April 7, 2015 — UNOFFICIAL RESULTS • Appeal #2974: 134 E. State Street (Ithaca Cayuga Optical) — Sign Variance. GRANTED • Appeal #2976: 102 Franklin Street (Cosentini Construction, Inc.)— Area Variances for Parking &.Other Front Yard Requirements. GRANTED • Appeal #2977: 122 -124 W. Buffalo Street (Tompkins Learning Partners) — Sign Variances. GRANTED RE: Ithaca Cayuga Optical Sign RE: Ithaca Cayuga Optical Sign Julie Holcomb Sent:Friday, January 09, 2015 10:49 AM To: Skip Schell https:/ /mail.cityofithaca.org /owa/ ?ae= Item &t= IPM.Note &id =RgA Hi Skip - The Commons Advisory Board reviewed this application this morning and has no objections. Please let me know if you need anything further. Thanks- Julie From: Skip Schell Sent: Tuesday, January 06, 2015 2:11 PM To: Phyllis Radke; Julie Holcomb; Sarah Myers; JoAnn Cornish; Kathy Gehring; Michael Thorne; Charles Pyott Cc: alexwood2 @me.com Subject: Ithaca Cayuga Optical Sign Good afternoon all, I'm writing to give you a heads -up on sign permit application ( #32255) that has been submitted to the Building Department and will on some level involve all of you. The proposed sign is to be installed at the Ithaca Cayuga Optical Service, 134 -36 (134) East State St. The Commons. Because of the location and size of the sign the following code cites trigger: 272- 4(A)(1): 18" projection limit; 36" projection proposed.: Board of Zoning Appeals variance required. 272 -4 (B); 170 -5: Encroachment: Board of Public Works approval required. 157 -4 (B): Commons Advisory Board approval required. 160 -4: Design Review Board approval. I have met on site with Dr. Alex Wood and he will be contacting you shortly to get on the agenda for the required boards. Please see attached sign proposal. Skip William "Skip" Schell Senior Plan Examiner Building Division 4th Floor, City Hall 108 E. Green St. Ithaca, NY 14850 (607) 247 -6511 1 of 1 1/12/2015 8:12 AN 13B. Request for Permanent Easement for 327 Eddy Street Proposed Encroachment WHEREAS, through, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63. -6 -24, Stephen A Fontana Trust owner of record), in the City of Ithaca, has requested an encroachment agreement/license from the City into the adjacent Eddy Street right -of -way; and WHEREAS, the encroachment consists of the following: An encroachment extending into the City -owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face. WHEREAS, it appears that the proposed encroachment into the City's airspace will not interfere with the right of way as currently constituted; and WHEREAS, the Superintendent does not anticipate any conflicts in the near future with public works uses or needs; and WHEREAS, the recommended fee for this permanent easement is $3,073.84, based on the Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation, now therefore be it RESOLVED, That the Board recommends that Common Council authorize the Mayor to sign the necessary paperwork to grant the easement described above. Page 20 Page I of 1 From: "stave fontana" <saf25@comeli.edu> Daft: Tuesday, February 17, 2015 9:57 AAA To: "Aaron Lavine" Cattomey&4ofithaca.org> Attach: R.01 Rendedng.pdf Subject: Fw: 327 Eddy Street Bay Window Dear Ari, I am writing you at the suggestion of Mike Niechwiadowicz and Bob gipa. We are in the final planning stages of constructing a new 22 unit apartment building at 327 Eddy Street in Collegetown (rendering attached). I would like to meet with you to discuss the possibility of having the top floor windows be designed as a bay window instead of a set back window. The Planning Board asked us to include an element like this in the building's facade. However, the design leaves the bedrooms behind the glass too small to rent. The size of the overhang I am requesting would be 12' by 2, only on the top floor. Do you have time to meet this week? I am free anytime except Wednesday 10:30 to 12 :30. Thanks, Steve Fontana Fontana Apartments 327 Eddy Street 227 -09+62 (cell) 2117/2015 lk- WA kl A. Z X UJI m en